Divorce in Korea for Foreigners
No one would like solving matters in South Korea to turn into a nightmare, but there are some issues that can make you suffer.
Getting a divorce in the Republic of Korea really is a matter that requires specific research and must be treated carefully.
This website will help you as you search for information for all about divorce in South Korea. All resources are provided here specifically by Law Office Sky.
A divorce is a legal process to end a marriage. South Korean law describes divorce into three types, as written below :
Divorce by Agreement
This is the easiest and least acrimonious way for the purpose of divorce. You have to reach an agreement on each of the following. These terms and conditions of the divorce must be mentioned in the agreement.
Divorce by Mediation
If you and your spouse already reached an agreement with the divorce, but neither of you want to wait for 3 months or only disagree on a few issues that requires professional help from the court, it could be better to seek divorce by mediation in South Korea.
Divorce by Trial
If either of the parties does not want to divorce or if they both want to, but fail to reach an agreement regarding the terms of divorce or, if one party is missing, you can file a divorce complaint against your spouse in order to seek divorce by trial.
Divorce by Agreement
This is the easiest and least acrimonious way for the purpose of divorce. You have to reach an agreement on each of the following. These terms and conditions of the divorce must be mentioned in the agreement.
However, be aware of the following incommodities.
This process can take from 1 to 3 months from the date of application, depending on children being a part of the agreement.
Divorce by Mediation
If you and your spouse already reached an agreement with the divorce, but neither of you want to wait for 3 months or only disagree on a few issues that requires professional help from the court, it could be better to seek divorce by mediation in South Korea.
Divorce by mediation is a mandatory process before divorce by trial. If you file for divorce against your spouse as a result of failure of divorce by agreement, you will have to participate in the mediation process at least once before actual hearings can take place. It is entirely your decision to hire a lawyer of the mediation process, or not.
Nevertheless, it is highly recommended to hire a lawyer you can communicate comfortably, someone who can understand your condition and situation, willing to fight for your best interests. If you have a lawyer for your side, you are not required to attend the hearings.
Once both parties reach an agreement on all of the terms and conditions during mediation, the divorce will be considered finalized and a decree covering its terms and conditions will soon be issued. This divorce decree has the power of execution, so you can apply for legal enforcement without having to sue your ex-spouse if he or she violates any terms or conditions.
This procedure takes from 30 to 45 days from the date of application for mediation.
Lost Wages
Lost Wages
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Non-material or Moral Damage
Non-material or Moral Damage
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The Basics
Divorce by Trial
If either of the parties does not want to divorce or if they both want to, but fail to reach an agreement regarding the terms of divorce or, if one party is missing, you can file a divorce complaint against your spouse in order to seek divorce by trial.
If you want to divorce by trial as a foreigner in South Korea, you will almost certainly need to hire an attorney, having difficulties in :
After filing a divorce lawsuit, you (or your lawyer) must attend the mediation hearing if not due to special circumstances. If the parties fail to agree with the terms and conditions presented by the mediator during the process, you will probably be subjected to several family investigations to verify the financial contribution of each spouse, which will decide the ratio of property division and examine who is more suitable to receive parental rights and/or custody holder(if you have a child or children).
This procedure can take time, up to 6 months before having the initial trial hearing. Therefore, if mediation fails the court will assign hearings, start listening to arguments by both parties, examine evidence submitted by each party, and then finally close the hearings. The court will announce its decision on the sentence day held 3 to 4 weeks after the final hearing. If either party disagrees with the court’s decision, they can file an appeal within 14 days from the date of the decision.
The attorney you hire only represents you in the family court during the first stage, so you may have to rehire them or change attorneys depending on the result. This is one of many reasons you need to be careful when hiring a divorce lawyer in South Korea.
This entire procedure can take an average of from 6 to 12 months.
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